I 111th CONGRESS 1st Session H. R. 4125 IN THE HOUSE OF REPRESENTATIVES November 19, 2009 Mr. Nye (for himself, Mr. Ellsworth, Ms. Velázquez, Mr. Schrader, Mr. Altmire, Ms. Clarke, Mrs. Kirkpatrick of Arizona, Ms. Bean, and Mrs. Dahlkemper) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to improve services for small business concerns owned and controlled by service-disabled veterans, and for other purposes.

1.

Short title

This Act may be cited as the Service Disabled Veteran-Owned Small Business Procurement Reform Act of 2009.

2.

Procurement reform relating to small business concerns owned and controlled by service-disabled veterans

The Small Business Act (15 U.S.C. 631 et seq.) is amended— (1)by redesignating section 44 as section 45; and (2)by inserting after section 43 the following:

44.

Procurement reform relating to small business concerns owned and controlled by service-disabled veterans

(a)

Penalties for misrepresentation

Whoever misrepresents the status of any concern or person as a small business concern owned and controlled by service-disabled veterans in order to obtain for oneself or another any contract under section 36 shall be subject to the penalties specified in section 16(d). (b)

Office of Service Disabled Veteran-Owned Small Business Procurement

(1)

Establishment

The Administrator shall establish within the Administration an Office of Service Disabled Veteran-Owned Small Business Procurement (in this subsection referred to as the office) to carry out the duties specified in paragraph (3). (2)

Deputy Associate Administrator

The Administrator shall appoint a Deputy Associate Administrator to be the head of the office. (3)

Duties

The duties of the office are the following: (A)Provide oversight with respect to the procurement program for small business concerns owned and controlled by service-disabled veterans established under section 36. (B)Report to the Administrator on the performance of such program. (c)

Office of Service Disabled Veteran-Owned Small Business Development

(1)

Establishment

The Administrator shall establish within the Administration an Office of Service Disabled Veteran-Owned Small Business Development (in this subsection referred to as the office) to carry out the duties specified in paragraph (3). (2)

Deputy Associate Administrator

The Administrator shall appoint a Deputy Associate Administrator to be the head of the office. Such Deputy Associate Administrator shall report to the Associate Administrator for Veterans Business Development appointed under section 4(b)(1). (3)

Duties

The duties of the office are the following: (A)Promote business opportunities for small business concerns owned and controlled by service-disabled veterans. (B)Establish a database of small business concerns owned and controlled by service-disabled veterans. (C)Establish eligibility criteria for the inclusion of small business concerns in the database under subparagraph (B). (D)Update at least every 3 months the database under subparagraph (B). (d)

Veterans procurement specialists

(1)

Appointment

The Administrator shall appoint in each regional office of the Administration a veterans procurement specialist. (2)

Duties

A veterans procurement specialist shall— (A)assist the Deputy Associate Administrator appointed under subsection (a)(2) to provide oversight with respect to the procurement program for small business concerns owned and controlled by service-disabled veterans established under section 36; and (B)assist the Deputy Associate Administrator appointed under subsection (b)(2) to promote business opportunities for small business concerns owned and controlled by service-disabled veterans. (e)

Protest of contracts

A small business concern owned and controlled by service-disabled veterans may protest to the Administrator the awarding of any contract pursuant to section 36.

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